Kerala High Court Uphold School's Decision to Suspend Students for 'Hugging in Public'

Thiruvananthapuram: The Kerala High Court has upheld a school’s decision to suspend two students for hugging in public.

The two students — a boy and girl – studying in St Thomas CBSE School in Thiruvanthapuram, hugged each other during a public function there on July 21.

The boy, who was studying in Class XII at the time, said that the hug was congratulatory as the girl, who was a friend, performed well on stage while singing as part of the school arts festival.

They hugged on the school campus in front of friends and a teacher saw this after which they were taken to the principal.

Authorities of the St Thomas school said that the children violated the discipline of the school and suspended them.

The boy subsequently petitioned the child rights commission, which asked the school principal to admit the boy. The commission invoked the power under relevant sections of CrPC, which was challenged in court by the school.

“We have a procedure to discipline a child and this has gone accordingly. Even after all the child and his parents did not have any remorse. The parents were taking the side of the child stating that it happens everywhere," the school told CNN-News18.

A punishment letter was served to the 16-year-old boy on November 30 in which the school said that they intend to dismiss him but considering age did not. The authorities added the boy had uploaded photographs of the incident on Instagram after the school had already conveyed their position to him.

The child's father said," Initially, after the incident in July, we were summoned to school. The secretary of the school used abusive language against my son and even told me to kill him and that there is no point in keeping kids like this. He called my son a "vithukala", a bull in heat. Initially we begged them to reconsider as we did not want the matters to escalate further. We were worried about his future as he is in class XII and he has to attend the board exams."

He said that they even gave an apology letter. “After three to four days, the school told us that the children cannot attend school for one month and he was allowed to write the Onam exams. I took him to the school and brought him back when the exams were on. He was not allowed to use the school bus and he had to write the exam sitting alone in the library. Later, after a month, we were told about the disciplinary proceedings and the inquiry commission that they have formed," he said.

School principal Sebastian Joseph said that if the High Court or CBSE asks them to permit the student to sit for the board exam, they will allow him to do so.